the

injury of the Republic of the of the places mentioned therein

Title One: Crime Against National Security And the Law of Nations Philippines or to the advantage 2. That he has no authority
of any foreign nation. therefore
Crimes against national security 3. That his purpose is to obtain
Treason (Art. 114) – Breach of Elements RR of levies war: Penalty: Prision Correctional information, plans,
allegiance (obligation of 1. That the offender is a a. That there be an actual photographs or other data of a
fidelity and obedience) to a Filipino citizen or an alien assembling of men If offender be a public officer or confidential nature relative to
government, committed by a residing in the Philippines; b. For the purpose of executing employee, penalty next higher the defense of the Philippines
person who owes allegiance to 2. That there is a war in which a treasonable design by force. in degree shall be imposed.
it. the Philippines is involved; Elements of Espionage by A
3. That the offender either PUBLIC OFFICER:
Penalty: Reclusion Perpetua to a. levies war against the 1. That the offender is a public
Death, fine not exceeding P4M Government, or officer
b. adheres to the enemies 2. That he has in his possession
(intent to betray), AND giving the articles, data or information
them aid or comfort. referred to in paragraph No. 1
Conspiracy and proposal to Elements of Conspiracy to 2-witness rule does not apply of Art. 117 by reason of the
commit treason (Art. 115) treason to conspiracy or proposal to public office he holds
1. In the time of war commit treason because this is 3. That he discloses their
Penalty of Conspiracy: Prision 2. 2 or more persons come to a separate and distinct offense contents to a representative of
Mayor, fine not exceeding P2M an agreement to levy war OR to from that of treason. a foreign nation.
adhere to the enemies and give
Penalty of Proposal to commit aid or comfort
treason: Prision Correctional, 3. Decide to commit it. Crimes against the law of nations
fine not exceed P1M Inciting to war or giving Elements:
Elements of Proposal to motives for reprisals. (Art. 118) 1. That the offender performs
commit treason unlawful or unauthorized acts.
1. In the time of war Penalty: Prision Mayor
2. A person has decided to levy 2. That such acts provoke or
war OR to adhere to enemies If the offender is a public give occasion for a war
and give them aid or comfort officer or employee, the penalty involving or liable to involve
3. Proposes its execution to is reclusion temporal. the Philippines or expose
some other person or persons Filipino citizens to reprisals on
Misprision of Treason (Art. 1. That the offender must be their persons or property.
116) owing allegiance to the Violation of neutrality. (Art. 1. That there is a war in which
government, not a foreigner 119) the Philippines is not involved;
Penalty: Two degrees lower 2. That he has knowledge of
than that for treason any conspiracy to commit Neutrality - A nation or power 2. That there is a regulation
treason against the which takes no part in a contest issued by competent authority
government of arms going on between for the purpose of enforcing
3. That he conceals or does not others is referred to as neutral. neutrality;
disclose and make known the
same as soon as possible to the Penalty: Prision Correctional 3. That the offender violates
governor or fiscal of the such regulation.
province or the mayor or fiscal Correspondence with hostile 1. That it is in time of war in Circumstances qualifying the
of the city in which he resides. country. (Art. 120) which the Philippines is offense.
Espionage (Art. 117) – offense Two ways to commit involved;
of gathering, transmitting, or espionage: Penalty: The following must concur
losing information respecting 1. Prision Correctinoal – 2. That the offender makes together:
the national defense with Elements of Espionage by ANY correspondence has been correspondence with an enemy
intent or reason to believe that Person: prohibited by the Government country or a. That the notice or
the information is to be used to 1. That the offender enters any territory occupied by enemy information might be useful to

1
2. Prision Mayor – troops; the enemy. complement or passengers.
correspondence be carried on AND Penalty: Reclusion Perpetua
in ciphers or conventional 3. That the correspondence is b. That the offender intended to
signs either — aid the enemy.
(a) prohibited by the
3. Reclusion Temporal – If Government, or Title Two
notice or information be given (b) carried on in ciphers or CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
thereby which might be useful conventional signs, or Chapter One
to the enemy. (c) containing notice or ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,
information which might be INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS
useful to the enemy. WORSHIP
Flight to enemy's country. (Art. 1. That there is a war in which Mere attempt to flee or go to
121) the Philippines is involved; enemy country consummates
the crime. Crimes against fundamental laws of the state:
Penalty: Arresto Mayor 2. That the offender must be 1. Arbitrary Detention (Art. 124) 1. That the offender if a public Arrest without warrant-
owing allegiance to the officer or employee. when lawful
Government; 2. That he detains a person.

3. That the detention is without (a) When, in his presence,
3. That the offender attempts to legal grounds. the person to be arrested
flee or go to enemy country; Offender: Private – illegal has committed, is actually
detention Probable Cause - such facts and committing, or is
4. That going to enemy country circumstances which could lead a attempting to commit an
is prohibited by competent reasonable discreet and prudent offense;
Public officer/employee –
authority. man to believe that an offense has (b) When an offense has
arbitrary detention
Piracy in general and mutiny Two ways or modes of Qualified Piracy (Art. 123) been committed and that the in fact just been
on the high seas or in committing piracy: object sought in connection with committed, and he has
Philippine waters. (Art. 122) Penalty: RP to death when: the offense are in the place probable cause to believe
1. By attacking or seizing a sought to be searched. based on personal
Convention on the Law of the vessel on the high seas or in 1. Whenever they have seized a knowledge of facts and
Sea defines "high seas" as parts Philippine waters; vessel by boarding or firing Periods of detention penalized. circumstances that the
of the seas that are not upon the same; person to be arrested has
included in the exclusive 2. By seizing in the vessel while committed it; and
a) If the detention has not
economic zone, in the on the high seas or in 2. Whenever the pirates have (c) When the person to be
exceeded 3 days.
territorial seas, or in the Philippine waters t h e whole abandoned their victims arrested is a prisoner
b) If the detention has
internal waters of a state, or in or part of its cargo, i t s without means of saving who has escaped from a
continued more than 3
the archipelagic waters of an equipment or personal themselves; or penal establishment or
days but not more than 15
archipelagic state. belongings of its complement place where he is serving
days.
or passengers. 3. Whenever the crime is final judgment or
c) If the detention has
Piracy – robbery or forcible accompanied by murder, temporarily confined
continued more than 15
depredation on the high seas, Elements of piracy: homicide, physical injuries, or while his case is pending,
days but not more than 6
without lawful authority and 1. That a vessel is on the high rape. or has escaped while
months.
done with animo furandi and in seas or in Philippine waters; being transferred from
d) If the detention has
the spirit and intention of Lol-lo who raped one of the one confinement to
exceeded 6 months. (Art.
universal hostility (People vs. 2. That the offenders are not women was sentenced to another. (Sec. 5, Rule 113,
124, Nos. 1 to 4)
Lol-lo) members of its complement or death, there being the Revised Rules of Criminal
passengers of the vessel; aggravating circumstance of Procedure)
Mutiny – unlawful resistance to cruelty, abuse of superior
a superior officer, or the raising 3. That the offenders (a) attack strength, and ignominy, 2. Delay in the delivery of 1. That the offender is a public Art 125 does not apply to
of commotions and or seize that vessel, or (b) seize without any mitigating detained persons to the proper officer or employee. RA 9372 Detention of
disturbances on board a ship the whole or part of the cargo circumstance. (People vs. Lol-lo judicial authorities. (Art. 125) 2. That he has detained a person person charged with or
against authority of its of said vessel, its equipment or and Saraw, 43 Phil. 19) for some legal ground. suspected of crime of
commander. personal belongings of its 3. That he fails to deliver such terrorism or conspiracy

2
*Not apply by virtue of warrant person to the proper judicial to commit terrorism to change his • Expropriation authorizes them to do so.
of arrest authorities within: - P: of 10 years and 1 day residence proceedings These women, despite
a. twelve (12) hours, for crimes to 12 years imprisonment • Destierro their being in a sense,
or offenses punishable by light shall be imposed upon lepers of society, are
*Detained person should be
penalties, or their equivalent; or any police or law nevertheless not chattels,
released when judge is not
b. eighteen (18) hours, for crimes enforcement personnel but Philippine citizens,
available (Albior vs. Aguis)
or offenses punishable by who has apprehended or protected by the same
correctional penalties, or their arrested, detained and constitutional guarantees
*Fiscal not liable, unless he equivalent; or taken into custody of a as are other citizens.
ordered detention (Sayo vs. c. thirty-six (36) hours, for crimes person charged with or 5. Violation of domicile. (Art. Common Elements to three acts: Papers or other effects
Chief of Police of Manila) or offenses punishable by suspected of the crime of 128) a. That the offender is a public mentioned in Art. 128
afflictive or capital penalties, or terrorism or conspiracy officer or employee. must be in his dwelling
*Any public O/E liable for their equivalent. to commit terrorism and b. That he is not authorized by without a search warrant.
P: PC
preventing exercise of right of fails to deliver such judicial order to enter the If search was made
attorneys to visit punished by charged or suspected dwelling outside the dwelling, P
AM (RA No. 857) person to the proper Acts: and/or to make a search therein O/E committed is grave
judicial authority within for papers or other effects. coercion, if violence or
the period of 3 days. (Sec. intimidation is used (Art.
• By entering any dwelling
20) 286) or unjust vexation if
against the will of the
no violence or
owner thereof;
intimidation (Art. 287)
• By searching papers or

other effects found therein
Qualifying circumstances:
3. Delaying release. (Art. 126) a. That the offender is a public Example: without the previous
(1) If the offense is
officer or employee; For failure to prosecute, consent of such owner;
committed at nighttime;
b. That there is a judicial or because the witness of • By refusing to leave the
P: same Art 124 or
executive order for the release of the prosecution did not premises, after having
Acts: (2) If any papers or
a prisoner or detention prisoner, appear, the case was surreptitiously entered
• By delaying the effects not constituting
or that there is a proceeding upon dismissed and the justice said dwelling and after
performance of a evidence of a crime are
a petition for the liberation of of the peace gave an having been required to
judicial or executive not returned immediately
such person. order to release the leave the same.
order for release of after the search made by
c. That the offender without good accused. The jailer the offender.
prisoner
reason delays: (1) the service of refused to release the
• By unduly delaying
the notice of such order to the accused, notwithstanding 6. Search warrants maliciously a. That the offender is a public Search warrant – order in
the service of the
prisoner, or (2) the performance that order of release, obtained and abuse in the officer or employee. writing issued in the
notice of such order
of such judicial or executive order until after several days. service of those legally obtained. b. That he procures a search name of the PP, signed by
to said prisoner
for the release of the prisoner, or (Art. 129) warrant. a judge and directed to a
• By undue delaying
(3) the proceedings upon a c. That there is no just cause. peace officer
the proceedings petition for the release of such
upon any petition for commanding him to
person. P: AM in max-PC in min
the liberation of such search for personal
person X: S&S of vessels for violations of property described
Acts: customs law (Roldan and Ph therein and bring it
4. Expulsion. (Art. 127) 1. That the offender is a P O/E Example (Villavicencio, et
2. That he expels any person from al. vs. Lukban, et al., 39 Navy vs. Hon Arca) before the court (Rule
the Philippines or compels a Phil. 778) 1. By procuring a search warrant 126 RR of CrimPro)
P: PC Fruits of the poisonous tree – Probable Cause – facts
person to change his residence without just cause.
3. That the offender is not The Mayor and the Chief articles inadmissible as evidence and circumstances which
Acts: authorized to do so by law. of Police of Manila cannot pending determination of the would lead a reasonably
2. By exceeding his authority or legality of such articles, shall discreet and prudent man
force the prostitutes
by using unnecessary severity in remain in custodia legis subject to believe that an offense
Court by final judgment order a residing in that City to go
• By Expelling a person executing a search warrant to appropriate disposition. has been committed and
from the Philippines person to change residence by: to and live in Davao
legally procured. that the object sought in
• Ejectment against their will, there
• Compelling a person Other co-related cases: connection with the
proceedings being no law that

3
*Right to break door or window - Exceeding authority offense are in the place from attending any of its
to effect search (Rule 126, RR of in executing search sought to be searched meetings
CrimPro) warrant (Burgos vs. Chief of Staff)
- Using Unnecessary
3. By prohibiting or hindering
severity in executing Examples of Personal
*Search of house be made in any person from addressing,
search warrant Property:
presence of 2 witnesses if either alone or together with
(a) Subject of the offense;
without lawful occupant (Rule others, any petition to the
(b) Stolen or embezzled
126, RR of CrimPro) authorities for the correction of
and other proceeds or
abuses or redress of grievances.
fruits of the offense; or
*Search warrant valid for 10 (c) Used or intended to
days from its date (Rule 126, RR be used as the means of
of CrimPro) committing an offense 9. Interruption of religious 1. That the offender is a P O/E *Reading some verses out
worship. (Art. 132) 2. That religious ceremonies or of the Bible in a private
manifestations of any religion are house is a religious
about to take place or are going service while public
7. Searching domicile without 1. That the offender is a PO or E Sec 8, Rule 126 of the RR P: PC in min without V or T, in
on assembly of INC is a
witnesses. (Art. 130) 2. That he is armed with SW of CrimPro mid and max periods if
3. That the offender prevents or peaceful meeting.
legally procured committed with violence or
disturbs the same
3. That he searches the domicile, threats
P: AM in med and max "No search of a house,
papers or other belongings of any
room or any other
other person
premises shall be made
4. That the owner, or any
except in the presence of 10. Offending the religious 1. That the acts complained of *Offense to feelings is
member of his family or 2
the lawful occupant feelings. (Art. 133) were performed 1, in a place judged from
witnesses residing in the same
thereof or any member of devoted to religious worship 2, complainants point of
locality are NOT present
his family or in the during the celebration of any view (PP vs Baes)

absence of the latter, two religious ceremony
N/A: S not made in the dwelling
witnesses of sufficient
age and discretion P: AM in max to PC in min 2. That the acts must be
residing in the same notoriously offensive to the
locality." feelings of the faithful



8. Prohibition, interruption, and 1. The offender is a PO or E Title Three
dissolution of peaceful meetings. 2. That he performs any of the Crimes Against Public Order
(Art. 131) acts mentioned 1. Rebellion or 1. That there be (a) public Rebellion – Object of the
*Note: Offender must be a Insurrection (Art. 134) uprising, and (b) taking arms movement is completely to
stranger, not a participant in the against the Government. overthrow and supersede the
P: PC in min
peaceful meeting P (Promotes, maintains or 2. That the purpose of the existing government
heads R or I): RP uprising or movement is either —
Crime if committed by private P (Participating or a. to remove from the allegiance Insurrection – in reference to a
A: individual – Disturbance of Public executing commands of to said Government or its laws: movement which seeks merely
Order others: RT (1) the territory of the Philippines to effect some change of minor
1. By prohibiting or by or any part thereof; or importance or to prevent the
interrupting without legal (2) any body of land, naval or exercise of governmental
ground, the holding of a peaceful other armed forces; or authority with respect to
meeting, or by dissolving the b. to deprive the Chief Executive particular matters or subjects.
same or Congress, wholly or partially,
of any of their powers or * Public officer must take active
prerogatives. part to be liable, mere silence
2. By hindering any person from or omission is not punishable
joining any lawful association or in rebellion (US vs Ravidas)

4
2. Coup d’etat (Art. 134A) 1. That the offender is a Crime of Coup d’etat may be shall accept
person or persons committed with or without appointment to office
P (Directs or leads): RP belonging to the military or civilian participation. 5. Inciting to rebellion. or 1. That the offender does not take
P (Participating or police or holding any public insurrection (Art. 138) arms or is not in open hostility
executing commands of office or employment; against the Government;
others: RT in its maximum 2. That it is committed by
P: PM in its min period
period means of a swift attack 2. That he incites others to the
P (Participates in accompanied by violence, execution of any of the acts of
supports, finances or abets intimidation, threat, rebellion;
or aids of persons not in strategy or stealth;
the government service): 3. That the attack is directed 3. That the inciting is done by
PM in its max period against duly constituted means of speeches,
authorities of the Republic proclamations, writings,
of the Philippines, or any emblems, banner or other
military camp or representations tending to the
installation, communication same end.
networks, public utilities or
other facilities needed for 6. Sedition. (Art. 139) a. Offenders Rise publicly and * Constabulary men who to
the exercise and continued tumultuously inflict an act of revenge
possession of power; b. That they employ force, murdered policemen and
4. That the purpose of the
intimidation or other menas seriously wounded civilians
attack is to seize or outside of legal methods were found guilty of separate
diminish state power. c. To attain any of the following crimes of sedition and in one
3. Conspiracy and proposal Not Conspiracy to commit Conspiracy to commit objects: case multiple murder with
to commit coup d’etat, rebellion: rebellion when two or more • To prevent the grave injuries in the other case

rebellion or insurrection • Accused designed persons come to an agreement promulgation or (PP vs Cabrera)
(Art. 136) flags for Sakdalista to rise publicly and take arms execution of any law or
Party not necessarily against the Government for any the holding of any
P (Coup D’Etat): PM in its show intention of of the purposes of rebellion and popular election
minimum period joining an uprising decide to commit it. • To prevent the National
F: against government Government, or any
• Mere giving and Proposal to commit rebellion provincial or municipal
P Conspiracy (R or I): PC in rendering speech when the person who has government, or any
its max period favoring communism decided to rise publicly and public officer thereof
F: would not be guilty of take arms against the from freely exercising its
conspiracy because Government for any of the or his functions, or
P Proposal (R or I): PC in no evidence that purposes of rebellion proposes prevent the execution of
its med period there is an agreement its execution to some other any administrative
F: to rise up in arms for person or persons. order;
the purpose of • To inflict any act ofhate
obtaining overthrow or revenge upon the
government person or property of
4. Disloyalty of Public 1. Must Be PO or E any public officer or
Officers or Employees (Art. 2. That there is an employee;
137) existing rebellion to • To commit, for any
be resisted for political or social end,
P: PC in its min period 3. Failed to resist any act of hate or
rebellion by all means revenge against private
in their power or persons or any social
continue discharge class; and
duties under the • To despoil, for any
control of rebels or political or social end,

5
 any person, municipality part thereof, or any body of land, naval, or other armed forces, or depriving the Chief Executive
or province, or the or the
National Government (or
the Government of the
United States) of all its Chapter 2
property or any part Crimes Against Popular Representation
thereof.
7. Conspiracy to commit No proposal to commit sedition is
sedition. (Art. 141) punishable. However there is
proposal to commit seditious acts
is inciting to sedition which is 1. Acts tending to prevent the 1. That there be a projected or
meeting of Congress and actual meeting of the National
punishable in Art. 142.
8. Inciting to sedition. (Art. * It is not necessary, in order to similar bodies (Art. 143) Assembly or any of its
142) 1. That the offender does not take be seditious, that the words committees or subcommittees,
direct part in the crime of used should in fact result in a constitutional committees or
sedition. rising of the people against the divisions thereof, or of any
Acts: provincial board or city or
constituted authorities. The
2. That he incites others to the law is not aimed merely at municipal council or board.
1. Inciting others to the accomplishment of any of the acts actual disturbance, as its
accomplishment of any of which purpose is also to punish 2. That the offender who may be
the acts which constitute constitute sedition. utterances which may any person prevents such
sedition by means of endanger public order. (PP vs meeting by force or fraud.
speeches, proclamations, 3. That the inciting is done by Nabong)
writings, emblems, etc. means of speeches, 2. Disturbance of proceedings 1. That there be a meeting of the
proclamations, writings, Two Rules relative to seditious of Congress or similar bodies. National Assembly or any of its
emblems, cartoons, banners, or Words: (Art. 144) committees or subcommittees,
2. Uttering seditious words
other representations tending to • The clear and constitutional commissions or
or speeches which tend to
the same end. present danger committees or divisions thereof,
disturb the public peace.
rule (reasonable or of any provincial board or city
Uttering seditions words or ground to believe or municipal council or board.
3. Writing, publishing, or speeches are punishable when: that danger is
circulating scurrilous 1. They tend to disturb or imminent and evil 2. That the offender does any of
libels against the obstruct any lawful officer in to be prevented is a the following acts:
Government or any of the executing the functions of his serious one. a. He disturbs any of such
duly constituted office; or • The dangerous meetings.
authorities thereof, which 2. They tend to instigate others to tendency rule b. He behaves while in the
tend to disturb the public cabal and meet together for (tend to create presence of any such bodies in
peace. unlawful purposes; or danger producing such a manner as to interrupt its
3. They suggest or incite disaffection among proceedings or to impair the
rebellious conspiracies or riots; people and a state respect due it.

or of feeling 3. Violation of parliamentary (1) That the offender uses force,
4. They lead or tend to stir up the incompatible to immunity. (Art. 145) intimidation, threats, or frauds
people against the lawful remain loyal to the (2) That the purpose of the
authorities or to disturb the peace Government) offender is to prevent any
1. By using force, intimidation,
of the community, the safety and member of the
threats, or frauds to prevent
order of the Government. National Assembly from —
any member of the National
(a) attending the meetings of the
Assembly from: (a) attending
Assembly or of any of its
the meetings of the Assembly
1 committees or constitutional
or of any of its committees or
Art. 134. Rebellion or insurrection The crime of rebellion or insurrection is committed by commissions, etc.; or
subcommittees, constitutional
rising publicly and taking arms against the Government for the purpose of removing from the (b) expressing his opinions; or
commissions or committees or
allegiance to said Government or its laws, the territory of the Republic of the Philippines or any (c) casting his vote.
divisions thereof, or from (b)

6
expressing his opinions, or (c)
casting his vote. b. That the audience, whether

armed or not, is incited to the
(1) That the offender is a public
2. By arresting or searching any commission of the crime of
officer or employee;
member thereof while the treason, rebellion or
(2) That he arrests or searches
National Assembly is in regular insurrection, sedition or direct
any member of the National
or special session, except in assault.
Assembly;
case such member has 13. Illegal associations. 1. Any meeting attended by Persons liable for illegal
(3) That the Assembly, at the
committed a crime punishable (Art. 147) armed persons for the association:
time of arrest or search, is in
under the Code by a penalty purpose of committing any of 1. Founders, directors and
regular
higher than prision mayor. the crimes punishable under president of the association.
or special session Acts:
the Code. 2. Mere members of the
(4) That the member arrested or
REQUISITES: association.
searched has not committed a
1. Any meeting attended a) That there is a meeting,
crime punishable under the Code
by armed persons for the gathering or group of persons,
by a penalty higher than
purpose of committing any whether in a fixed place or
prision mayor.
of the crimes punishable moving;
Chapter Three
under the Code. b) That the meeting is
attended by armed persons.
ILLEGAL ASSEMBLIES AND ASSOCIATIONS 2. Any meeting in which c) That the purpose of the
12. Illegal assemblies. (Art. 1. Any meeting attended by the audience, whether meeting is to commit any of
146) armed persons for the armed or not, is incited to the crimes punishable under
purpose of committing any of the commission of the the Code.
the crimes punishable under crime of treason, rebellion 2. Any meeting in which the

the Code. or insurrection, sedition, audience, whether armed or
or assault upon a person not, is incited to the
a. That there is a meeting, a in authority or his agents. commission of the crime of
gathering or group of persons, treason, rebellion or
whether in a fixed place or insurrection, sedition, or
moving; assault upon a person in
authority.
b. That the meeting is REQUISITES:
attended by armed persons; a) That there is a meeting, a
gathering or group of persons,
c. That the purpose of the whether in a fixed place or
meeting is to commit any of moving.
the crimes punishable under b) That the audiences,
the Code. whether armed or not, is
incited to the commission of
2. Any meeting in which the the crime of treason, rebellion
audience, whether armed or or insurrection, sedition or
not, is incited to the direct assault.
commission of the crime of 14. Direct assaults. (Art. 1. Without public uprising, by DIRECT ASSAULT IS QUALIFIED
treason, rebellion or 148) employing force or WHEN:
insurrection, sedition, or intimidation for the 1. Committed with a weapon
assault upon a person in attainment of any of the 2. Offender is a public officer or

authority or his agents. purposes enumerated in employee
defining the crimes of sedition 3. Offender lays hands upon a
a. That there is a meeting, a & rebellion person in authority
gathering or group of persons, ELEMENTS:
whether in a fixed place or 1) That the offender employs
moving. force or intimidation.

7
 2) That the aim of the offender assault is also committed.
is to attain any of the 16. Disobedience to 1. Refusing, without legal Ø The testimony of a person
purposes of the crime of summons issued by excuse, to obey summons of summoned must be upon matters
rebellion or any of the objects Congress, its committees, Congress, or any commission into which the legislature has
of the crime of sedition. etc., by the constitutional or committee chairman or jurisdiction to inquire.
3) That there is no public commissions, its member authorized to
uprising. committees, etc. (Art. 150) summon witnesses;
2. Refusing to be sworn or
2. Without public uprising, by placed under affirmation

attacking, by employing force while before such legislative
or seriously intimidating or by or constitutional body or
seriously resisting any person official;
in authority (PA) or any of his
agents (APA), while engaged 3. Refusing to answer any
in the performance of official legal inquiry or to produce
duties, or on the occasion of any books, papers, documents,
such performance. or records in his possession,
when required by them to do
1. That the offender (a) makes so in the exercise of their
an attack, (b) employs force, functions;
(c) makes a serious 4. Restraining another from
intimidation, or (d) makes a attending as a witness in such
serious resistance. legislative or constitutional
2. That the person assaulted is body;
a person in authority or his 5. Inducing disobedience to
agent. summons or refusal to be
3. That at the time of the sworn by any such body or
assault the person in authority official.
or his agent (a) is engaged in 17. Resistance and ELEMENTS OF RESISTANCE &
the actual performance of disobedience to a person SERIOUS DISOBEDIENCE:1.
official duties, or that he is in authority or the agents That a person in authority or
assaulted, (b) by reason of the of such person. (Art. 151 his
past performance of official agent is engaged in the
duties. performance of official duty or

4. That the offender knows gives a lawful order to the
that the one he is assaulting is offender
a person in authority or his 2. That the offender resists or
agent in the exercise of his seriously disobeys such
duties. person in authority or his
5. That there is no public agent
uprising. 3. That the act of the offender
15. Indirect assaults. (Art. 1. That an APA is the victim of is not included in the
149) any of the forms of direct provisions of Arts. 148-150
assault defined in Art. 148
2. That a person comes to the ELEMENTS OF SIMPLE

aid of the APA DISOBEDIENCE:
3. That the offender makes 1. That an APA is engaged in
use of force or intimidation the performance of official
upon such person coming to duty or gives a lawful order to
the aid of the APA. the offender;
Ø Indirect assault can be 2. That the offender disobeys
committed only when a direct such APA;

8
 3. That such disobedience is (Art. 155) public place, calculated to
not of a cause alarm or danger (should
serious nature. not be aimed at a person

18. Tumults and other 1. Causing any serous Ø Serious disturbance must be otherwise illegal discharge of
disturbances of public disturbance in a public place, planned or intended firearm under Art. 254)
order. (Art. 153) office or establishment. Ø The penalty next higher in 2. Instigating or taking an
2. Interrupting or disturbing degree shall be imposed upon active part in any charivari or
public performances, persons causing any disturbance or other disorderly meeting

functions or gatherings, or interruption of a tumultuous offensive to another or
peaceful meetings, if the act is character. prejudicial to public
not included in Arts. 131- 132. tranquility
3. Making an outcry tending to 3. Disturbing the public peace
incite rebellion or sedition in Outcry – to shout spontaneously while wandering about at
any meeting, association or subversive or provocative words night or while engaged in any
public place tending to stir up the people so as other nocturnal amusements
4. Displaying placards or to obtain by means of force or 4. Causing any disturbance or
emblems which provoke a violence any of the objects of scandal in public places while
disturbance of public order in rebellion or sedition intoxicated or otherwise,
such place provided Art. 153 is not
5. Burying with pomp the applicable
body of a person who has 21. Delivering prisoners 1. That there is a person
been legally executed from jails. (Art. 156) confined in a jail or penal
establishment (detention is
19. Unlawful use of means 1. Publishing or causing to be Ø The offender must know that the included)

of publication and published as news any false news is false to be liable.
unlawful utterances. (Art. news which may endanger the 2. That the offender removes
154) public order, or cause damage Committed in two ways: such person, or helps the
to the interest or credit of the escape of such person
State 1. by removing a prisoner

2. Encouraging disobedience confined in jail or penal
to the law or to the institution – to take away a
constituted authorities or by person from confinement
praising, justifying or extolling with or without the active
any act punished by law, by participation of the person
the same means or by words, released
utterances or speeches
3. Maliciously publishing or
causing to be published any 2. by helping said person to
official resolution or escape – furnish material
document without authority, means to facilitate escape
or before they have been
published officially
4. Printing, publishing or 22. Evasion of service of 1. That the offender is a CIRCUMSTANCES QUALIFYING
distributing (or causing the sentence. (Art. 157) convict by final judgment THE OFFENSE:
same) books, pamphlets, 2. That he is serving his 1. By means of unlawful entry (this
periodicals, or leaflets which sentence, which consists in should be “by scaling”)
do not bear the real printer’s
deprivation of liberty 2. By breaking doors, windows,
name, or which are classified 3. That he evades the service gates, walls, roofs or floors
as anonymous of his sentence by escaping 3. By using picklocks, false keys,
20. Alarms and scandals. 1. Discharging any firearm, Ø If the disturbance is of a serious during the term of his disguise, deceit, violence, or
rocket, firecracker, or other nature, the case will fall under Art. sentence. intimidation
explosive within any town or 153 4. Through connivance with other

9
 convicts or employees of the penal 159.
institution. 25. Commission of another ELEMENTS OF QUASI- WHO CAN BE PARDONED:
crime during service of RECIDIVISM: 1. At the age of 70, if he shall have
• Art. 157 is applicable penalty imposed for 1. That the offender was already served out his original
to sentence by another previous offense. already convicted by final sentence (and not a habitual
destierro. (Art. 160) judgement criminal) or
23. Evasion on occasion of ELEMENTS: Ø What is punished is not the 2. That he committed a new 2. When he shall have completed it
disorders. (Art. 158) 1. That the offender is a leaving of the penal institution, but felony before beginning to after reaching the said age, unless

convict by final judgment, and the failure of the convict to give serve such sentence or while by reason of his conduct or other
is confined in a penal himself up to the authorities within serving the same circumstances he shall not be

institution 48 hours after the proclamation Ø Quasi-recidivism is a worthy of such clemency.
2. That there is disorder, announcing the passing away of special aggravating
resulting from; the calamity. circumstance which cannot
a. Conflagration Ø If the offender fails to give be offset by ordinary
b. Earthquake himself up, he gets an increased mitigating circumstances.
c. Explosion penalty; if the offender gives
d. similar catastrophe himself up, he is entitled to a
e. mutiny in which he has not deduction of 1/5 of his sentence.
participated
3. That the offender leaves the
penal institution where he is Title IV
confined, on the occasion of
such disorder or during the CRIMES AGAINST PUBLIC INTEREST
mutiny
4. That the offender fails to Counterfeiting the Acts:
give himself up to the great seal of the 1. Forging the Great Sea of the
authorities within 48 hrs. Government of the GoP
following the issuance of a Philippines, forging 2. Forging the signature of the
proclamation by the Chief the signature or stamp President
Executive announcing the of the Chief Executive. 3. Forging the stamp of the
passing away of such calamity. (Art. 161) President
24. Violation of 1. That the offender was a • Violation of conditional
conditional pardon. (Art. convict. pardon is a distinct
159) 2. That he was granted a crime
conditional pardon by the • Offender can be Using forged signature 1. That the seal of the Republic Ø The offender must not be
Chief Executive. arrested and or counterfeit seal or was counterfeited, or the forger otherwise the
stamp. (Art. 162) signature or stamp forged by crime committed is forgery
3. That he violated any of the reincarcerated without
conditions of such pardon. trial – in accordance another person. under Art. 161.
with Sec. 64(I) of the 2. That the offender knew of the
Revised Administrative counterfeiting or forgery
Code. 3. That he used the counterfeit
• The condition imposed seal or forged signature or
upon the prisoner that stamp
he should not commit Making and importing 1. That there be false or
another crime, extends and uttering false counterfeited coins “COUNTERFEITING” -
to offenses punishable coins. (Art. 163) 2. That the offender either made, means the imitation of a
by special laws. imported or uttered such legal or genuine coin.
• Offender must be coins
found guilty of 3. That in case of uttering such “UTTERING” - to pass
subsequent offense false or counterfeited coins, counterfeited coins
before he can be he connived with the
prosecuted under Art. counterfeiters or importers

10
 to bearer is forged or falsified
Mutilation of coins, 1. Mutilating coins of the legal “MUTILATION”- to take off by another
importation and currency, with the further part of the metal either by 2. The offender knows that any of
uttering of mutilated requirement that there be filing it or substituting it for these instrument is forged or
coins. (Art. 164) intent to damage or defraud another metal of inferior falsified
another quality. 3. That he performs any of these
2. Importing or uttering such acts:
mutilated coins with the Ø The coin must be of legal
further requirement that tender in mutilation • Using any of such
there be connivance with the forged or falsified
mutilator or importer in the instruments
case of uttering • Possession with intent
Selling of false or 1. Possession of coin, Ø Does not require that to use, any of the forged
mutilated coins, counterfeited or mutilated by false coin is legal tender or falsified documents
without connivance. another with intent to utter
(Art. 165) the same knowing that it is Falsification of 1) By giving to treasury or bank note or Ø Includes falsification and
false or mutilated legislative documents. any instrument payable to bearer or to counterfeiting
2. Actually uttering false or (Art. 170) order the appearance of a true and
mutilated coin, knowing it to genuine document
be false or mutilated 2) By erasing, substituting, or altering by
Forging treasury or 1. Forging or falsification of any means the figures, letters, words or
bank notes or other treasury or bank notes or other signatures contained therein
documents payable to documents payable to bearer
bearer, importing, and Falsification by public 1) That there be a bill, resolution or
uttering of such false 2. Importation of the same officer, employee or ordinance enacted or approved by either
or forged notes and notary. (Art. 171) House of the Legislative or any provincial
documents. (Art. 166) board or municipal council
3. Uttering the same with
connivance with forgers or 2) The offender alters the same

3) That alteration changed the meaning of
importers
the document
Falsification by private 1. That the offender is a public officer,
Counterfeiting, 1. That there be an instrument individuals and use of employee or notary public.
importing and uttering payable to order or other falsified documents. 2. That he takes advantage of his official
instruments not document of credit not payable (Art. 172) position
payable to bearer. to bearer
(Art. 167)
When:
2. That the offender either forged
imported or uttered such
instrument • He has the duty to make or
prepare or otherwise to
intervene in the preparation
3. That in case of uttering he of the document
connived with the importer of • He has the official custody of
forger the document which he
falsifies
Illegal possession and 1. That the treasury or bank note
use of forged treasury or certificate or other obligation Different modes of falsifying a document:
or bank notes and and certificate payable to
other instruments of bearer or any instrument
credit. (Art. 168) payable to order or other a) COUNTERFEITING OR
document of credit not payable IMITATING ANY
HANDWRITING ,SIGNATURE

11
 OR RUBRIC Manufacturing and
b) CAUSING IT TO APPEAR possession of
THAT PERSONS HAVE instruments or
PARTICIPATED IN AN ACT OR implements for
PROCEEDING falsification. (Art. 176)
c) ATTRIBUTING TO PERSONS
WHO HAVE PARTICIPATED

IN ANY ACT OR PROCEEDING
Usurpation of
STATEMENTS OTHER THAN
authority or official
THOSE IN FACT MADE BY
functions. (Art. 177)
THEM
d) MAKING UNTRUTHFUL
STATEMENTS IN A
NARRATION OF FACTS Using fictitious name
e) ALTERING TRUE DATES and concealing true
f) MAKING ALTERATION OR name. (Art. 178)
INTERCALATION IN
GENUINE DOCUMENT WHICH

CHANGSE ITS MEANING
Illegal use of uniform
g) ISSUING IN AN
or insignia. (Art. 179)
AUTHENTICATED FORM A
DOCUMENT PURPORTING TO
BE A COPY OF AN ORIGINAL
DOCUMENT WHEN NO SUCH False testimony 1. That there be a criminal
ORIGINAL EXIST OR against a defendant. proceeding
INCLUDING IN SUCH A COPY (Art. 180) 2. That the offender testifies
A STATEMENT CONTRARY falsely under oath against the
TO OR DIFFERENT FROM defendant therein

THAT OF THE GENUINE 3. That the defendant who gives
ORIGINAL false testimony knows that it
is false
4. That the defendant against
Falsification of
whom the false testimony is
wireless, cable,
telegraph and given is either acquitted or
convicted in a final judgment
telephone messages
and use of said False testimony Ø Conviction or acquittal of
falsified messages. favorable to the defendant in principal case
(Art. 173) defendant. (Art. 181) not necessary

False medical False testimony in civil 1) That the testimony must be given in a
certificates, false cases. (Art. 182) civil case
certificates of merit or 2) That the testimony must relate to the
service. (Art. 174) issues presented in said case

3) That the testimony must be false
4) That the false testimony must be given
by the defendant knowing it to be false
Using false certificates. 5) That the testimony must be malicious
(Art. 175) and given with an intent to affect the
issues presented in said case.
False testimony in Two ways of committing perjury:

12
other cases and 1. By falsely testifying under oath 2. By service marks. (Art.
perjury. (Art. 183) making a false affidavit 188)
ELEMENTS:
1) That the accused made a statement

under oath or executed an affidavit upon a
material matter
2) That the statement or affidavit was Unfair competition
made before a competent officer and fraudulent
authorized to receive and administer oath registration of trade
3) That in that statement or affidavit, the mark or trade name,
accused made a willful and deliberate or service mark;
assertion of a falsehood fraudulent designation
4) That the sworn statement or affidavit of origin, and false
containing the falsity is required by law description. (Art. 189)
Offering false 1) That the offender offered in
testimony in evidence. evidence a false witness or
(Art. 184) testimony
2) That he knew the witness or
testimony was false

3) That the offer was made in a
judicial or official proceedings Title VI

CRIMES AGAINST PUBLIC MORALS

Machinations in public Gambling. (Art. 195)
auction. (Art. 185)

Gambling - any game of chance or

scheme, whether upon chance or
skill, wherein wagers consisting of
Monopolies and money, articles or value or
combinations in representative of value are at stake
restraint of trade. (Art. or made.
186)

Importation, sale and possession
of lottery tickets or
advertisements. (Art. 196)
Importation and
disposition of falsely
marked articles or
merchandise made of Betting in sport contests. (Art.
gold, silver, or other 197)
precious metals or
their alloys. (Art. 187) Illegal betting on horse races.
(Art. 198)


Illegal cockfighting. (Art. 199)
Substituting and
altering trade marks
and trade names or

13
 sexual conduct. immoral shows which are
Chapter Two: Offenses Against Decency and Good Customs (Arts. 200- 202) proscribed or are contrary to
morals, good customs,
THE TEST OF OBSCENITY
established policies, lawful
orders, decrees and
Grave scandal. (Art. 200) 1. That the offender performs an
- the test is whether the edicts
act or acts.
tendency of the matter 4. Those who shall give away or
2. That such act or acts be highly
DECENCY charged as obscene, is to exhibit
scandalous as offending against
corrupt those whose films, prints, engravings,
decency or good customs.
minds are open to such sculpture or literature which are
- means proprietary of conduct; 3. That the highly scandalous
influences, and into whose offensive to morals
proper observance of the conduct is not expressly falling
hands such a publication
requirements of modesty , within any article of this code.
may fall and also whether
good taste, etc. 4. That the act or acts complained
or not such publication or
of be committed in a public place
act shocks the ordinary
CUSTOMS or within the public knowledge
and common sense of men
or view.
as an indecency.
- established usage, social
conventions carried on by INDECENCY
tradition and enforced by
social disapproval of any
- an act against the good
violation thereof.
behavior and a just
delicacy
GRAVE SCANDAL

- consists of acts which are
offensive to decency and
good customs which, Vagrancy and prostitution. PERSONS LIABLE:
having committed (Art. 202) 1. Any person having no apparent
publicly, have given rise means of subsistence, who has
to public scandal to the physical ability to work and

persons who have who neglects to apply himself to
accidentally witnessed the some lawful calling
PROSTITUTES 2. Any person found loitering
same.
about public or semipublic
- women who, for money or buildings or places or tramping
or wondering about the country
profit habitually indulge
Immoral doctrines, obscene 1. Those who shall publicly or the streets without visible
in sexual intercourse or
publications and exhibitions. expound or proclaim doctrines means of support
lascivious conduct
(Art. 201) openly and contrary to public 3. Any idle or dissolute person
morals. who lodges in houses of ill fame;
2. The authors of obscene VAGRANTS ruffians or pimps and those who

literature, published with their habitually associate with
knowledge in any form; the 1. An idle or dissolute person prostitutes
MORALS editors publishing such 4. Any person who, not being
who lodges in houses of ill-
literature; and the owners, fame included in the provisions of
- imply conformity with the operating the establishment or other articles of this code, shall
accepted standards of selling the same. be found loitering in any
3. Those who, in theaters, fairs, 2. Ruffian or pimp; or inhabited or uninhabited place
goodness or rightness in
conduct or character, cinematographs or any other belonging to another without any
sometimes, specifically, to place, exhibit indecent or 3. One who habitually lawful or justifiable purpose

14
 associates with 1. Error, or

prostitutes. 2. ill-will or revenge, or

3. Bribery

Title VII
Judgment rendered through 1. That the offender is a
CRIMES COMMITTED BY PUBLIC OFFICERS Negigence (Art. 205) judge


2. That he renders a
Who are Public Officers (Art. To be a public officer one must be
judgment in a case
203) –
submitted to him for
1. Taking part in the performance
decision
of public functions in the
government , or performing in
said Government or in any of its 3. That the judgment is
branches public duties as an manifestly unjust (too
employee, agent or subordinate contrary to law)
official, of any rank or class; and

2. That his authority to take part 4. That it is due to his
in the performance of public inexcusable negligence
functions or to perform public or ignorance
duties must be –
- by direct provision of the
law
Unjust Interlocutory Order (Art. 1. That the offender
- by popular election
206) is a judge
- by appointment by
competent authority
2. That he performs
Chapter Two: Malfeasance and Misfeasance in Office any of the
following acts: a)
Knowingly Rendering Unjust 1. That the offender is a • There is no liability knowingly
Judgment (Art. 204) judge at all for a mere renders unjust
2. That he renders a error in good faith interlocutory
JUDGMENT judgment in a case order or decree,
submitted to him for or b) renders a
decision manifestly unjust
- the determination of a court
3. That the judgment is interlocutory
of competent jurisdiction
unjust order or decree
upon the matters submitted
4. That the judge knows through
to it, in an action or
that his judgment is inexcusable
proceeding.
unjust negligence or
ignorance
SOURCES OF UNJUST JUDGMENT

15
Prosecution of Offenses; PUNISHABLE ACTS: case before an inferior employment or (2)
Negligence and Tolerance court. inexcusable negligence or
ignorance, there must be
1. By maliciously
damage to his client.
refraining from
instituting
prosecution 2. By revealing any of the
against violators secrets of his client learned by
of the law him in his professional
capacity.
2. By maliciously tolerating
the commission of Note: Damage is not
a crime necessary.

REQUISITES: 3. By undertaking the defense

of the opposing party in the
same case, without the
1. That the offender is a consent of his first client, after
public officer who has having undertaken the
a duty to cause the defense of said first client or
prosecution of, or to after having received
prosecute offenses confidential information from
2. That knowing the said client.
commission of the
crime, he does not
cause the prosecution Note: If the client consents to
of the criminal or the attorney's taking the
knowing that a crime defense ofthe other party,
is about to be there is no crime.
committed he
tolerates its
commission Section Two – Bribery
3. That the offender acts Direct Bribery 1. By agreeing to perform , or
with malice and by performing in consideration
deliberate intent to of any offer, promise, gift or
favor the violator of present, an act constituting a
the law crime, in connection with the
performance of official duties

2. By accepting a gift in
consideration of the execution
Betrayal of Trust by an Attorney or 1. By causing damage to of an act which do not
Solicitor-Revelation of Secrets his client, either (1) by constitute a crime, in
(Art. 209) any malicious breach connection with the
of professional duty, performance of his official duty
(2) by inexcusable 3. By agreeing to refrain, or by
PROCURADOR JUDICIAL negligence or refraining, from doing
- A person who had some ignorance. something which it is his
knowledge of law and official duty to do, in
procedure, but not a consideration of a gift or
Note: When the attorney acts
lawyer, and was permitted promise
(1) with malicious abuse of his
to represent a party in a

16
 Elements: a public officer
1. That the offender be a
Public Officer
2. That the offender 2. That the offers or promises
accepts an offer or are made or the gifts or
promise or receives a presents given to a
gift or present by public, officer, under
himself or through circumstances that will
another make the public officer
3. That such offer or liable for direct bribery
promise be accepted or or indirect bribery
gift or present received
by the public officer
• With a view to commit Fraud against the Treasury 1. By entering into an
some crime and Similar of Offenses (Art. agreement with any interested
• In consideration of the 213) party or speculator or making
execution of an act which use of any other scheme, to
does not constitute a defraud the Government, in
crime but the act must be dealing with any person with
unjust regard to furnishing supplies,
• To refrain from doing the making of contracts, or the
something which it is his adjustment or settlement of
official duty to do. accounts relating to public
4. That the act which the property or funds.
offender agrees to perform or
which he executes be
connected with the
performance of his official
duties 2. By demanding, directly or
indirectly, the payment of sums
Indirect Bribery (Art. 211) 1. That the offender is a public Qualified Bribery different from or larger than
officer. 1. That the offender is a those authorized by law, in the
2. That he accepts gifts public officer entrusted collection of taxes, licenses,
3. That the said gifts are offered with law enforcement fees, and other imposts.
to him 2. That the offender
by reason of his office refrains from arresting
or prosecuting an 3. By failing voluntarily to issue
offender who has a receipt, as provided by law,
committed a crime for any sum of money collected
punishable by reclusión by him officially, in the
perpetua and/or death collection of taxes, licenses, fees
3. That the offender and other imposts.
refrains from arresting
or prosecuting the 4. By collecting or receiving,
offender in consideration directly or indirectly, by way of
of any promise, gift or payment or otherwise , things
present or objects of a nature different
Corruption of Public Officials 1. That the offender makes from that provided by law, in
(Art. 212) offers or promises or the collection of taxes, licenses,
gives gifts or presents to fees and other imposts.

17
 manner, took part in any
contract or transaction
connected with the estate or
Other Frauds (Art. 214) 1. That the offender is a public property in the appraisal,
officer distribution or adjudication of
which they had acted.
2. That he takes advantage of
his official position 3. Guardians and executors
with respect to the property
3. That he commits any of the belonging to their wards or the
frauds or deceits estate.
enumerated in Arts.
315to 318( estafa, other
forms of swindling, Chapter Four: Malversation of Public Funds or Property (Arts. 217-222)
swindling a minor, and
other deceits)
Malversation of Public Funds PUNISHABLE ACTS:
or Property – Presumption of
Malversation (Art. 217)
1. By appropriating public funds
or property.
Prohibited Transactions (Art. 1. That the offender is an
215) appointive public officer.
2. By taking or misappropriating
the same.
2. That he becomes interested,
directly or indirectly, in
any transaction or 3. By consenting, or through
exchange or speculation abandonment or negligence,
permitting any other person to
take such public funds or
3. That the transaction takes property.
place within the territory
subject to his jurisdiction
4. By being otherwise guilty of the
misappropriation or malversation
4. That he becomes interested of such funds or property.
in the transaction during
his incumbency
COMMON ELEMENTS:

1. That the offender be a public
officer.
Possession of Prohibited Person Liable:
Interest by a Public Officer 1. Public officer who, directly or
indirectly became interested in 2. That he had custody or control
any contract or business in of funds or property by reason of
which it was his official duty to the duties of his office
intervene
3. That those funds or property
2. Experts, arbitrators, and were public funds or property for
private accountants who, in like

18
 which he was accountable. settled.

4. That he appropriated, took,

misappropriated or consented, or
through abandonment or
negligence, permitted another Illegal Use of Public Funds or 1. That the offender is a public
person to take them. Property officer.

2. That there is a public fund or

property under his
administration.
Failure of Accountable Officer 1. That the offender is a public
to Render Accounts (Art. 218) officer, whether in the
service or separated 3. That such public fund or
therefrom. property has been appropriated
by law or ordinance.

2. That he must be an
accountable officer for 4. That he applies the same to a
public funds or property. public use other than that for
which such funds or property has
been appropriated by law or
3. That he is required by law or ordinance.
regulation to render
accounts to the Commission
on Audit, or to a provincial Failure to Make Delivery of Acts:
auditor. Public Funds or Property
1. By failing to make payment by
4. That he fails to do so for a a public officer who is under
period of two months after obligation to make such
such accounts should be payment from Government
rendered. funds in his possession.

2. By refusing to make delivery

by a public officer who has
been ordered by competent
Failure of Responsible Public 1. That the offender is a public authority to deliver any
Officer to Render Accounts officer. property in his custody or
before leaving the Country under his administration.
2. That he must be an
accountable officer for Elements:
public funds or property.
1. That the public officer has
3. That he must have unlawfully Government funds in his
left (or be on the point of possession
leaving) the Philippines
without securing from the
Commission on Audit a 2. That he is under obligation t
certificate showing that his
accounts have been finally

19
 omake payments from such funds 3. That such prisoner escaped
from his custody
3. That he fails to make payment
maliciously. 4. That he was in connivance
with the prisoner in the
latter’s escape
Officers included in the Private individuals who may be
Preceeding provisions (Art. liable under Art. 217-221:
222)
Evasion through Negligence 1. That the offender is a public
1. Private individuals who, in any
(Art. 224) officer.
capacity whatsoever, have charge
2. That he is charged with the
of any national, provincial or
conveyance or custody of a
municipal funds, revenue or
prisoner, either detention
property
prisoner or prisoner by final
judgment.
2. Administrator, depository of 3. That such prisoner escapes
funds or property attached, through his negligence.
seized, or deposited by public
authority even if such property Liability of escaping prisoner:
belongs to a private individual 1. If the fugitive is serving
sentence by reason of final
judgment, he is liable for
evasion of the service of
Illegal Use of Public Funds or Property Malversation sentence under Art. 157.
The offenders are accountable public officers in both crimes 2. If the fugitive is only a
The offender does not derive any personal gain The offender in certain cases profits from the detention prisoner, he does not
or profit proceeds of the crime incur criminal liability.
Escape of Prisoner Under the 1. That the offender is a private
The public fund or property is applied to The public fund or property is applied to the Custody of a Person not a person.
another public use personal use and benefit of the offender or of Public Officer (Art. 225) 2. That the conveyance or
another person. custody of a prisoner or person
under arrest is confided to him.
3. That the prisoner or person
under arrest escapes.
Chapter Five: Infidelity of Public Officers (Arts. 223-230) 4. That the offender consents to
the escape of the prisoner or
Section One – Disobedience, refusal of assistance, and maltreatment of prisoners person under arrest, or that the
escape takes place through his
negligence.
Removal Concealment or 1. That the offender be a public
Conniving with or consenting 1. That the offender is a public Destruction of Documents officer.
to Evasion (Art. 223) officer. (Art. 226) 2. That he abstracts, destroys or
conceals documents or papers.
3. That the said documents or
2. That he had in his custody or
papers should have been
charge, a prisoner, either
entrusted to such public officer
detention prisoner or
by reason of his office.
prisoner by final
4. That damage, whether serious
judgment.
or not, to a third party or to the
public interest should have been
caused.

20
Officer Breaking Seal (Art. 1. That the offender is a public • Damage or intent to c. That he reveals such
227) Officer. damage is not necessary secret without
authority or
justifiable reasons
2. That he is charged with the d. That damage, great
custody of papers or or small, be caused
property. to public interest

3. That these papers or 2. By delivering wrongfully

property are sealed by papers or copies of papers
proper authority. of which he may have
charge and which should
4. That he breaks the seals or not be published.
permits them to be
broken. a. That the offender is
a public officer.
b. That he has charge
Opening of Closed Documents 1. That the offender is a public • of papers.
(Art. 228) officer. c. That those papers
should not be
published.
2. That any closed papers, d. That he delivers
documents, or objects are those papers or
entrusted to his custody. copies thereof to a
third person.
e. That the delivery is
3. That he opens or permits to
wrongful.
be opened said closed
f. That damage be
papers, documents, or
caused to public
objects.
interest

4. That he does not have the

proper authority.

Public Officer Revealing 1. That the offender is a public •

Secrets of Private Individual officer.

Revelation of Secrets by an Acts: • 2. That he knows of the secrets

Officer (Art. 229)
of a private individual by
1. By revealing any secret reason of his office.
known to the offending
public officer by reason of
3. That he reveals such secrets
his official capacity.
without authority or
justifiable reason.
a. That the offender is
a PO

b. That he knows of
secret by reason of
his official capacity

21
 4. That his superior disapproves
Revelation of Secrets by an Officer Infidelity in the Custody of Document or the suspension of the
Papers by removing the same execution of the order.
The papers contain secrets and therefore should The papers do not contain secrets but their
not be published, and the public officer having removal is for an illicit purpose
5. That the offender disobey his
charge thereof removes and delivers them
superior despite the
wrongfully to a third person
disapproval of the

suspension.
Chapter Six: Other Offenses or Irregularities by Public Officers

(Arts. 231-245)
Refusal of Assistance (Art. 233) 1. That the offender is a public
officer.
Section One – Disobedience, refusal of assistance prisoners

2. That a competent authority

Open Disobedience (Art. 231) 1. That the offender is a judicial demands from the offender
or executive officer. that he lend his
cooperation towards the
2. That there is a judgment, administration of justice or
decision or order of a other public service.
superior authority.
3. That the offender fails to do
3. That such judgment, decision so maliciously.
or order was made within
the scope of the
jurisdiction of the superior Refusal to Discharge Elective 1. That the offender is elected
authority and issued with Office (Art. 234) by popular election to a
all legal formalities. public office.

4. That the offender without any 2. That he refuses to be sworn

legal justification openly in or to discharge the
refuses to execute said duties of said office.
judgment, decision or
order, which he is duty
bound to obey. 3. That there is no legal motive
for such refusal to be
sworn in or to discharge

the duties of said office.
Disobedience to Order of 1. That the offender is a public
Superior Officer When Said officer.
Order Was Suspended by
Inferior (Art. 232) Maltreatment of Prisoners 1. That the offender is a public
2. That an order is issued by his (Art. 235) officer or employee.
superior for execution.

2. That he has under his charge a

3. That he has for any reason prisoner or detention prisoner.
suspended the execution
of such order.
3. That he maltreats such
prisoner in either of the

22
 following manners: 2. That the period provided by
law, regulations or special
provisions for holding such
a) By overdoing himself in the office, has already expired.
correction or handling of a
prisoner or detention prisoner
under his charge either 3. That he continues to exercise
the duties and powers of such
office.
i. by the imposition of
punishments not authorized by
the regulations, or Abandonment of Office (Art. 1. That the offender is a public
238) officer.
ii. by inflicting such
punishments (those authorized ) 2. That he formally resigns
in a cruel and humiliating from his position.
manner; or

3. That his resignation has not

b) By maltreating such prisoner yet been accepted.
to extort a confession or to
obtain some information from
the prisoner. 4. That he abandons his office
to the detriment of the
public service.


Section Two – Anticipation, prolongation and abandonment of the duties and powers of public office

Anticipation of Duties of a 1. That the offender is entitled to
Public Office (Art. 236) hold a public office or
employment, either by election Section Three – Usurpation of powers and unlawful appointment
or appointment.
ART. 239 – USURPATION OF LEGISLATIVE POWER
2. That the law requires that he
should first be sworn in and/or Usurpation of Legislative 1. That the offender is an
should first give a bond. Power (Art. 239) executive or judicial officer.

3. That he assumes the 2. That he

performance of the duties and
powers of such office.
- makes general rules or
regulations beyond the
4. That he has not taken his oath scope of his authority
of office and/or given the bond or
required by law. - attempts to repeal a law
or
- suspends the execution
Prolonging Performance of 1. That the offender is holding a
thereof.
Duties and Powers (Art. 237) public office

23
 proceeding.

Usurpation of Executive 1. That the O is a judge. Orders or Requests by 1. That the offender is an
Functions (Art. 240) Executive Officers to any executive officer.
Judicial Authority (Art. 243)
2. That he
2. That he addresses any order
or suggestion to any
- assumes a power pertaining judicial authority.
to the executive authorities
in the lawful exercise of
their powers 3. That the order or suggestion
- obstructs the executive relates to any case or
authorities in the lawful business coming within the
exercise of their powers exclusive jurisdiction of the
courts of justice.
Usurpation of Judicial 1. That the offender is an officer
Functions (Art. 241) of the executive branch of the Unlawful Appointments (Art. 1. That the offender is a public
Government. 244) officer.

2. That he 2. That he nominates or

appoints a person to a
- assumes judicial powers, or public office.
- obstructs the execution of
any order or decision 3. That such person lacks the
rendered by legal qualifications
- any judge within his therefor.
jurisdiction.

4. That the offender knows that

Disobeying request for 1. That the offender is a public his nominee or appointee
Disqualification (Art. 242) officer. lacks the qualification at
the time he made the
2. That a proceeding is pending nomination or
before such public officer. appointment.

3. That there is a question

brought before the proper
authority regarding his

jurisdiction, which is not yet
Section Four – Abuses against chastity
decided.

ART. 245 – ABUSES AGAINST CHASTITY

4. That he has been lawfully
required to refrain from
continuing the proceeding.
Abuses against Chastity (Art. 1. That the offender is a public • The mother of the
245) officer. person in the custody of
5. That he continues the the offender is not
included.
2. That he solicits or makes

24
 immoral or indecent • If a person killed another
advances to a woman. not knowing that the
latter was his son, will he
be guilty of parricide?
3. That such woman must be Yes, because the law does not
require knowledge of
- interested in matters relationship between them
pending before the
offender for decision, or • A stranger who
with respect to which he is cooperates and takes part
required to submit a in the commission of the
report to or consult with a crime of parricide, is not
superior officer; or guilty of parricide but
- under the custody of the only homicide or murder,
offender who is a warden as the case may be. The
or other public officer key element in parricide
directly charged with the is the relationship of the
care and custody of offender with the victim.
prisoners or persons (PEOPLE vs. DALAG, GR
under arrest; or No. 129895, April 30,
- the wife, daughter, sister or 2003)
relative within the same
degree by affinity of the Death or Physical Injuries 1. That a legally married • This article does not
person in the custody of Inflicted under Exceptional person or a parent define and penalize a
the offender Circumstances (Art. 247) surprises his spouse or felony. It provides for the
his daughter, the latter imposition of the penalty
TITLE EIGHT: CRIMES AGAINST PERSONS under 18 years of age of destierro rather than
and living with him, in the ordinary penalty for
the act of committing parricide.
Chapter One: Destruction of Life (Arts. 246-261) sexual intercourse with
another person.
• To Art. 247 to apply (death
Section One – Parricide, murder, homicide
under exceptional
2. That he or she kills any or circumstances), the offender
Parricide (Art. 246) 1. That a person is killed. • Cases of parricide when both of them, or inflicts must prove that he actually
the penalty shall not be upon any or both of surprised his wife and [her
reclusion perpetua to them any serious paramour] in flagrante
2. That the deceased is killed death: physical injury, in the delicto, and that he killed
by the accused . act or immediately the man during or
1. Parricide through negligence
(Art. 365) thereafter. immediately thereafter.
3. That the deceased is the 2. Parricide by mistake (Art. Evidence of the victim’s
father, mother, or child, 249) promiscuity, is
3. Parricide under exceptional 3. That he has not promoted inconsequential to the
whether legitimate or or facilitated the
illegitimate, or a legitimate circumstances (Art. 247) killing. (PEOPLE vs.
prostitution of his wife PUEDAN, GR No. 139576,
other ascendant or other or daughter, or that he
descendant, or the legitimate • If a person wanted to kill September 2, 2002)
or she has not
spouse, of the accused. a stranger but by mistake
consented to the
killed his own father, will The discovery, the escape,
infidelity of others. •
it be parricide? the pursuit and the killing
Yes, but Art. 49 applies as must all form part of one
regards the proper penalty to be continuous act
imposed. • The accused must be a

25
 legally married person.
• Applicable only when
daughter is single.
4. •

26